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When most people think of wrongful termination they think of discrimination. The employer has fired an employee based on his age, race, religion or gender. These are protected classes of employees under both federal and state law. However, there is another class given protection under Louisiana law — those employees who refuse to go along…
DetailsMedical malpractice cases are considered one of the hardest types of cases for a plaintiff to win. Cases involving infection are some of the most difficult med mal cases. In other words, the hardest of the hardest. We have had success in these cases when the health care provider, nurse, hospital, nursing home, etc. fails…
DetailsNursing homes, hospitals, rehab facilities or and health care facility have a duty to prevent decubitus ulcers, pressure sores or what is also called bed sores. A common problem that I run into is the failure of the facility to change their care based on the changing condition of the resident. If a person becomes…
DetailsNursing homes have an affirmative duty to prevent accidents and falls. Federal law requires this and their own policy and procedure manuals dictate what is to be done. Amazingly, those written policies are often ignored. Below is argument presented on behalf of a resident who fell nine (9) times in six months! The nursing home…
DetailsThe case below involved the doctor’s failure to timely treat obstructed/ruptured bowel. It was tragic and resulted in the patient’s death. We represented his family in a wrongful death and survival action. SUMMARY OF ARGUMENT On or about August 18, 2005 Mr. R was seen at the Cenla Family Clinic for complaints of abdominal…
DetailsFalls are dangerous for everyone. They are the number one reason for emergency room visits. In the elderly, falls can be even more serious. Nursing homes, rehabilitation hospitals and hospitals have a duty to prevent falls. The case below involved that duty and explains the standards that apply. BRIEF FACTUAL HISTORY Plaintiff was…
DetailsHere is a paper submitted on behalf of a client whose pending stroke was missed by an emergency room doctor. BASIS FOR PLAINTIFFS’ CLAIM On or about December 14, 2002 Barbara M presented to Lake Charles Memorial Hospital emergency room and Dr. K with symptoms indicating the onset of a stroke. The stroke was…
DetailsOne of the keys to success in a Louisiana nursing home negligence/injury case is winning the medical review panel. This is difficult. It requires a lot of time, money and hard work. Many times, we uncover attempts by the nursing home to hide or alter evidence. Below is a position paper for a client who…
DetailsThe holiday season is upon us and we all look forward to spending time with family and friends. For most of us, that means getting on the road and traveling and that leads to increased traffic on our highways and interstates. With this increased traffic comes the increased chance of having a serious accident. Although we don’t like to think about it, the possibility exist of having a major car accident. That is why we must be diligent when on the roads to not just drive for ourselves but being conscience of the other drivers as well.
There are a couple of things we can do to lower our risk of having an accident. One is simple make sure our vehicles are in good working order. Second, don’t drive if you are feeling tired because your reaction time will be slowed behind the wheel and with the increased number of cars on the road, you need to be thoroughly aware of your surroundings.
If you celebrate alot for the holidays, whatever you do, don’t get behind the wheel of your vehicle if you have been drinking. Get another driver or call a cab or someone to take you home or to your hotel. The holidays are for celebrating not mourning so stay safe.
If for some reason you do have an accident and it is not your fault, call us for help. Your life is more important than anything and your health and the health of your family cannot be replaced so if something happens, get medical help first, then call us.
